What are the laws about smoking and vaping in Massachusetts?
Massachusetts Law About... A compilation of laws, regulations, cases, and web sources on the use of tobacco products, including smoking and vaping, in Massachusetts. MGL c.64C Cigarette excise. Regulates pricing, taxation and other aspects of cigarette and e-cigarette sales. MGL c.71, § 2A Use of tobacco products at schools
Can You vape indoors in Massachusetts?
Yes, you can vape indoors in Massachusetts. At the moment, there are no laws prohibiting vaping in private residential units in Massachusetts, such as condos and apartments. As a matter of fact, the Massachusetts Clean Indoor Air Act does not prohibit vaping products where smoking is not allowed.
Is there a non-unreasonable use of cigarettes in Ma?
"Because no cigarette can be safely used for its ordinary purpose, smoking, there can be no non-unreasonable use of cigarettes." 2019 Tobacco Control Law, MA Dept. of Public Health. Law and restrictions on the sale of nicotine vaping and flavored vaping and tobacco products.
Is vaping legal in Michigan?
Michigan’s Smoke-Free Air Act of 2009 outlines the smoking laws within the state. The law does not specifically mention the use of electronic cigarettes. As such, it is assumed that ‘no smoking’ laws and signage do not apply to vaping. The state does have a comprehensive guide to current laws on tobacco products.
How to help a smoker in Massachusetts?
Combining medication with coaching support can triple your chances of success. So call the Massachusetts Smokers’ Helpline at 1-800-QUIT-NOW for free advice and support. It’s confidential and is available in multiple languages.
Who can help with vaping?
Providers and pharmacists can play a vital role in delivering important information on vaping and smoking cessation.
How much nicotine is in a vape?
The sale of non-flavored nicotine vaping products (with a nicotine content over 35 milligrams per milliliter) is restricted to licensed, adult-only retail tobacco stores and smoking bars.
What is the limit on smoking in a store?
Effective immediately, the new law places the following restrictions: Retail stores licensed to sell tobacco products, such as convenience stores, gas stations, and other retail outlets, are restricted to the sale of non-flavored nicotine products with a nicotine content of 35 milligrams per milliliter or less.
What is the Massachusetts General Law Chapter 270?
The text of Massachusetts General Law Chapter 270, Sections 6 and 6A. A statement that the sale of tobacco products, including e-cigarettes, to someone under the minimum legal sales age is prohibited. Notice that the sale of flavored electronic nicotine delivery systems is prohibited. A warning about the health impacts of vaping.
When did the new tobacco control law come into effect?
New tobacco control law. On December 11, 2019, the state’s Public Health Council approved new regulations that restrict the sale of nicotine vaping and flavored vaping and tobacco products. This action follows the Legislature passing and Governor Charlie Baker signing into law An Act Modernizing Tobacco Control, ...
What age can you smoke second hand?
Information concerning the health risks of second hand smoke and vaping. A statement that no person under the age of 21 is allowed on the premises at any time. This information is provided to assist individuals in complying with a state regulation related to the operation of a retail tobacco store.
How many people use e-cigarettes in Massachusetts?
In 2019, 32% of Massachusetts high school students reported vaping in the past 30 days compared to 5.6% of adults (2018).
What are the other dangers of vaping?
In addition to nicotine, e-cigarettes contain harmful and potentially harmful chemicals such as ultrafine particles that can be inhaled deep into the lungs; flavoring such as diacetyl, a chemical linked to a serious lung disease; volatile organic compounds such as benzene, which is found in car exhaust; and heavy metals, such as nickel, tin, and lead.
Where are e-cigarettes sold and how are youth getting them?
Until recently, e-cigarettes of all flavors and nicotine content levels could be sold in many places including convenience stores, corner stores, gas stations, vape shops, and online. As of November 27, 2019, Massachusetts implemented a law that restricts where flavored tobacco products, including e-cigarettes can be sold. The sale of all flavored tobacco products, including e-cigarettes, in Massachusetts is restricted to adult-only (age 21+) smoking bars. This also includes menthol. The sale of unflavored e-cigarettes with a nicotine content over 35 mg/mL is restricted to adult-only tobacco retail stores or smoking bars . Only unflavored e-cigarettes with a nicotine content of 35 mg/mL or less can still be sold in convenience stores, gas stations, liquor stores and other similar businesses, as well as online.
What is an e-cigarette?
E-cigarettes are battery-powered noncombustible (not flammable) tobacco products that simulate the action and sensation of smoking. People use e-cigarettes to vape.
Is being around secondhand vape safe?
No. According to the Surgeon General, the aerosol from e-cigarettes is not harmless. It can contain harmful and potentially harmful chemicals, including nicotine; ultrafine particles that can be inhaled deep into the lungs; flavoring such as diacetyl, a chemical linked to a serious lung disease; volatile organic compounds such as benzene, which is found in car exhaust; and heavy metals, such as nickel, tin, and lead.
Can e-cigarettes be used to vape other substances?
Yes. E-cigarettes and other vaping devices can be used to vape other substances, such as marijuana. Open systems require the user to add the e-juice, which can be a substance other than nicotine. Closed systems are generally not refillable because they use pre-filled pods. However, they can also be altered to vape substances other than nicotine.
How old do you have to be to purchase e-cigarettes?
The legal age to buy e-cigarettes and other tobacco products in Massachusetts is 21.
What is the Massachusetts law on smoking?
Massachusetts law about smoking. A compilation of laws, regulations, cases, and web sources on the use of tobacco products, including smoking and vaping, in Massachusetts. Skip table of contents.
What are the tobacco laws in Massachusetts?
Tobacco laws and regulations in Massachusetts, including sales to minors, smoking in the workplace, licensing of retail outlets, vending machine sales and more. Tobacco control act compliance, enforcement and training, US Food and Drug Administration, December, 2019.
What to do if you are charged with vaping in Massachusetts?
If you believe you were unjustly charged with violating Massachusetts new vaping laws, you should seek help from a Massachusetts criminal defense attorney to fight your charge. Contact the Law Offices of Richard Mucci to order a free case evaluation. Call at 781-729-3999 to talk about your circumstances.
What are the restrictions on vaping?
As from December 11th the new law implemented the following restrictions: 1 Any retail store which has a license to sell tobacco products, like gas stations and convenience stores are restricted to selling non-flavored nicotine products which possess a nicotine content of no more than 35 mg per ml. 2 The selling of non-flavored nicotine vaping products which have nicotine content more than 35 mg per ml can only be sold by a smoking bar and adults-only retail tobacco outlets. 3 The consumption and sale of any flavored nicotine vaping product may only take place in a licensed smoking bar. 4 From June 1 of this year the selling of combustible flavored cigarettes and other tobacco products, which include menthol cigarettes and flavored chewing tobacco, will be limited to just any licensed smoking bar where sales are for the purpose of only being consumed on-site. Also, as from June 1st, as well as the Massachusetts 6.75 percent sales tax a 75 percent excise tax on the wholesale prices of all nicotine products will be enforced.
How much nicotine is in a vape?
The selling of non-flavored nicotine vaping products which have nicotine content more than 35 mg per ml can only be sold by a smoking bar and adults-only retail tobacco outlets.
How many people died from vaping in 2019?
Since the revelation that vaping users have either suffered lung injuries or have died due to vaping, the Centers for Disease Control and Prevention (CDC) statistics up to December 2019 have confirmed there have been 54 deaths attributed to vaping. Since that announcement, almost 2,300 cases of injury to lungs have been linked to the use ...
How much nicotine is allowed in a gas station?
Any retail store which has a license to sell tobacco products, like gas stations and convenience stores are restricted to selling non-flavored nicotine products which possess a nicotine content of no more than 35 mg per ml.
How many cases of lungs injury have been linked to vaping?
Since that announcement, almost 2,300 cases of injury to lungs have been linked to the use of e-cigarette or vaping products as reported to the CDC from the 49 states, the D.C., Puerto Rico and the U.S. Virgin Islands.
Why did Charlie Baker ban vaping?
In fact, back in September last year, he went as far as declaring a public health emergency which resulted in implementing a ban of four months on the use of all vaping products. This was in response to media coverage that a mysterious lung illness ...
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When did the vaping ban end?
Public health officials have linked the illnesses to vaping. Although the ban was originally scheduled to lift on Dec. 24, Baker decided to end it early, after state lawmakers last month approved the nation’s strictest tobacco regulations.
What is the new law in Massachusetts?
The new law gives the Massachusetts Department of Public Health some new powers to regulate vaping. That includes the ability to stop sales of any product that officials determine is causing vaping-related lung illness or is a significant threat to public health.
What happens if a tobacco shop doesn't follow the rules?
If shops aren’t following the rules, then they can be fined thousands of dollars and ordered to temporarily stop selling tobacco products.
Why did Baker ban vaping?
Baker announced the temporary ban in September, citing a lack of information about the cause of a growing number of cases of lung illnesses and some deaths across the country and in Massachusetts. Public health officials have linked the illnesses to vaping.
Is there a moratorium on vaping in Massachusetts?
The Cannabis Control Commission regulates the sale of marijuana vaping products in Massachusetts. In November, the CCC put a moratorium on all medical marijuana vape sales. That temporary hold will remain in place even after the state's new nicotine rules take effect. This article was originally published on December 10, 2019.
What states have e-cigarette laws?
Connecticut. As of July 6, 2015, Connecticut law (Public Act No. 15-206) regulates the use of e-cigarettes in public places. Areas that are prohibited include: restaurants, state buildings, healthcare facilities, school campuses and buildings, and child care facilities.
Is the FDA regulating e-cigarettes?
Though the FDA has standardized rules for e-cigarettes sales, the specific usage of them is regulated at the state level. The Public Health Law Center has gathered together every state’s regulation for e-cigarettes (as of June 15, 2016), which includes the specific state code / law reference.
Does Michigan have a smoking ban?
Michigan’s Smoke-Free Air Act of 2009 outlines the smoking laws within the state . The law does not specifically mention the use of electronic cigarettes. As such, it is assumed that ‘no smoking’ laws and signage do not apply to vaping. The state does have a comprehensive guide to current laws on tobacco products. ‘No smoking’ laws do prohibit smoking in public places, but these do not cover electronic cigarette use. It is assumed that ‘no smoking’ signage does not apply to e-cigarettes. We found no explicit mention of ‘no vaping’ signage and whether they prohibit the use of e-cigarettes.
Is there a law that prohibits smoking in public?
There are no state laws that prevent the use of electronic cigarettes in public. Local municipalities may enact laws that restrict use. ‘No vaping’ signage is not mentioned in any of the state laws and it is assumed that ‘no smoking’ signs do not apply to vaping. Click template to edit. Click template to edit.
Is Louisiana a smoke free state?
The Louisiana Smokefree Air Act (Jan. 2007) outlines the current smoking regulations in the state. Smoking is prohibited in outdoor public places, public buildings, and businesses. There are no current state regulations that prevent the use of electronic cigarettes in public places. Local ordinances may differ from those of state law. All Louisiana restaurants and workplaces are smoke-free. Though not adopted under the smoke-free law, e-cigarettes may be prohibited by certain workplaces. To our knowledge, no vaping signage is not mentioned in state law. More information on the Louisiana smoke-free laws can be found on the Tobacco Free Louisiana website.
Is there a smoking law in Kentucky?
Kentucky has limited smoke-free laws, which are found in the Kentucky Clean Indoor Air Act (1994). There are currently no regulations on vaping within the public places. It is assumed that ‘no smoking’ signage does not apply to e-cigarette use. Nor could we find any specific no vaping or no e-cigarettes signs or signage laws. There is currently a push to enact a smoke-free law that would protect workers.
Is smoking legal in Florida?
Smoking regulations are found in the Florida Clean Indoor Air Act (2003). Smoking is prohibited in enclosed indoor workplaces (unless otherwise stated within the law). The law explains that signage is required to designate that smoking is prohibited in enclosed workplaces. The state does not currently have any laws that prohibit the use of electronic cigarettes in public places. It is assumed that no smoking laws or signage do not apply to e-cigarettes.
